Old green power law is a fresh nuisance

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Published Apr 1, 2017

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San Francisco - In the last four years, North Carolina

has become the second largest solar market in the United States,

behind only California.

It has installed more solar energy than Texas, which has

nearly three times the population; more than Arizona, which has

twice as many sunny days; and more than New York, which has far

more aggressive renewable energy targets.

North Carolina’s solar boom is rooted in a federal law

enacted four decades ago – one that has only recently had much

impact.

The law is now emerging as a boon for many solar developers

in select states, but a nuisance to many power companies,

including North Carolina’s top utility, Duke Energy.

The federal Public Utility Regulatory Policies Act (PURPA),

passed in 1978, requires utilities in many states to buy

renewable power from small providers – provided they can sell it

at a price comparable to power from fossil fuels, such as coal

or natural gas.

Because rates and contract terms are set by state utility

regulators, that boom is focused on handful of markets -

including North Carolina, South Carolina, Montana and Oregon.

Sixty percent of the nation's current PURPA projects are in

North Carolina, where state rates and policies favor solar

companies.

Nationwide, about 28 percent of US solar projects in

development will benefit from PURPA mandates that utilities buy

their power, according to industry research firm GTM Research.

For decades, PURPA was essentially irrelevant to the wind

and solar industries because their technologies cost far more

than power from fossil fuels. But the last decade has brought

sharp declines in the cost of solar and wind power, encouraging

a surge of renewable power projects from developers who can

count on legally mandated contracts with utilities.

“It’s been really important,” said Ben Van de Bunt, Chairman

of Cypress Creek Renewables, which has developed more solar

projects under PURPA than any other company.

Utilities lose control

Utilities aren’t pleased with the development. They say

PURPA is upending their ability to plan, control and profit from

new electricity generation being added to their territories.

In North Carolina, Duke Energy wants to slow down the

breakneck solar expansion.

On sunny days, the utility now has more solar power in some

places than the grid needs, overwhelming some circuits and

threatening reliability, the company said. The state’s terms for

PURPA contracts, Duke said, require it to pay far more for solar

energy than if contracts were let competitively.

Read also:  Want cheap power? Look up

Duke reported in a state filing that it is paying between

$55 and $85 per megawatt-hour for the solar energy it must buy

under PURPA. A typical solar contract in the United States falls

between $35 and $50, according to GTM Research.

“There is a better way to be proactive in figuring out where

to put solar, and better pricing for our customers,” said Rob

Caldwell, Duke’s president of renewable energy.

Battle ground

Duke is now seeking approval from the North Carolina

Utilities Commission for shorter-term contracts with solar

providers and lower prices for mandated power purchases under

PURPA.

Both moves would give solar developers less incentive to

build new projects in the state.

The NCUC declined to comment, saying it cannot publicly

discuss matters pending before the commission.

In other states, including Idaho, Oregon, Utah and Montana,

utilities such as NorthWestern Corp and Berkshire

Hathaway Inc's Pacificorp have made similar pleas for

relief in reaction to an influx of requests from solar and wind

companies to connect projects to their grids.

Solar advocates argue that slashing contract terms to five

years from the current 15 years, as Duke has requested, would

eliminate the long-term predictability investors need to finance

renewable energy projects. They contend that would undermine

clean power development just as PURPA has begun to have the

effect its drafters originally intended.

"It wasn't a problem until it worked," said Adam Browning,

executive director of the advocacy group Vote Solar, which has

lobbied to preserve PURPA contract terms in several states.

The battle in North Carolina will be hard fought because the

state has led the way nationally for solar development under

PURPA.

Solar power now accounts for about 3 percent of the state's

electricity, compared with less than 1 percent nationwide. About

95 percent of the North Carolina's solar projects were developed

under PURPA.

Duke has sparred with the solar industry before. Two years

ago, solar companies objected when Duke requested shorter

contract terms and limitations on the size of projects that

would qualify for its standard contract. The state utilities

commission denied Duke’s request.

Boom

North Carolina’s boom in PURPA solar projects has been

particularly good for one developer - California-based Cypress

Creek.

The company started doing business in North Carolina in

2014, buying cheap land close to the grid from farmers and then

building projects for a captive customer, Duke. The company owns

about a quarter of the state’s solar installations, and has

another 2.2 GW in the works.

In January, Cypress filed a complaint with the state utility

commission after Duke slashed its contract term for larger PURPA

projects to 5 years. That dispute is unresolved, and Duke is

separately seeking regulatory approval to lower the fixed

contract price for smaller projects.

In a January filing, the NCUC said it would consider whether

current economic conditions for utilities justify changes in

rates and PURPA implementation.

Cypress Creek’s Van de Bunt says the battle in North

Carolina is critical.

"Duke has an extraordinary amount of power in North

Carolina,” he said in an interview. “If they continue down a

path to making solar development difficult to finance, we'll

have a smaller path in North Carolina.”

In another debate that could roll back gains for solar

companies, Duke is also working with state lawmakers to

introduce a competitive process for purchasing solar power.

Duke says it is committed to solar energy production, but

will continue pushing for more control over project locations,

power prices and the amount of solar needed overall for the

grid.

"We've been growing and growing," said Rob Caldwell,

president of renewable power at Duke. "Let's declare success,

but let's find a more sustainable, balanced approach going

forward." 

REUTERS

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